AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall

REGULAR MEETING DECEMBER 10, 2012

A regular meeting of the Sherrill City Commission was held at 7:00 p.m. on December 10, 2012. Present were Mayor W. Vineall, Commissioners M. Hennessy, P. Hubbard, J. Merrill, J. Gilbert, City Manager B. Comis and City Clerk M. Holmes.

MINUTES

Motion was made by M. Hennessy and seconded by P. Hubbard that the minutes of the previous regular meeting be approved as written.

Motion was made by J. Merrill and seconded by J. Gilbert that the following bills be approved for payment and W. Vineall be authorized to sign the warrant.

Fund Warrant No. Date Dollars City Claims on 22 12/10/12 $229,305.46 Sewer Claims on 22 12/10/12 $28,585.21 P&L Claims on 22 12/10/12 $82,473.78 Trust & Agency Claims on 22 12/10/12 $1,980.00

AUTHORIZE THE SALE OF SURPLUS PROPERTY

R. Comis reported that there is some miscellaneous furniture and such at the CAC that the city has no use for and the City Manager recommends selling as surplus property. The property consists of a bookshelf, Piano, Piano stool, chest with 6 drawers, sofa and 5 chairs. A motion was made by M. Hennessy and seconded by J. Gilbert that the city declare the property as surplus and authorized its sale on Auctions International or like service.

SURPLUS UTILITY POLE

The Sherrill Utility Board recommends that the city sell a utility pole that the city has no apparent use for and has little value to the city. The pole was set on private property about 18 years ago for a project that did not materialize. The current property owner and her tenant would like to erect a business sign on the pole. Based on the recommendation from the utility board and city manager a motion was made by J. Gilbert and seconded by J. Merrill that the city sell the utility pole for the depreciated value of $200 to Peter Burns, owner of the Pizza Shop.

AYES: Hubbard, Merrill, Gilbert, Vineall ABSTAIN: Hennessy

WORKPLACE VIOLENCE PROGRAM

R. Comis distributed the workplace violence program to be adopted by the city. Once adopted the entire city work force will be trained on the policy. Motion was made by M. Hennessy and seconded by J. Merrill that the city adopt the following Workplace Violence Program and that the city manager be authorized to modify the program as needed in the future.

AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall CITY OF SHERRILL WORKPLACE VIOLENCE POLICY & PROCEDURES

The City of Sherrill, herein referred to as the “City”, has a long-standing commitment to promoting a safe and secure work environment that promotes the achievement of its mission of serving the public. All City employees are expected to maintain a working environment free from violence, threats of harassment, violence, intimidation or coercion. While these behaviors have not previously occurred at the City, no organization is immune.

The purpose of this policy is to address the issue of potential workplace violence in the City, in an attempt to prevent workplace violence from occurring, and to set forth procedures to be followed when such violence has occurred. This program will be reviewed at a minimum annually by the employer and authorized employee representatives.

POLICY

The City prohibits workplace violence. Violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property will not be tolerated. Complaints involving workplace violence will not be ignored and will be given the serious attention they deserve. Individuals who violate this policy may be removed from City property and are subject to disciplinary action up to and including termination, consistent with the City’s policies and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution. Complaints of discrimination and harassment are covered under the City’s Discrimination and Harassment Policy.

The City, at the request of an employee, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee on City property unless necessary to transact City-related business. This policy particularly applies in cases where the employee suspects that an act of violence may result from an encounter with said individual(s).

All employees, members of the public, vendors, contractors, consultants, and others who do business with the City, whether in a City facility or off-site location where City business is conducted, are covered by this policy. This policy also applies to other persons not affiliated with the City, such as former employees, and visitors. When employees have complaints about other employees, they should contact their immediate supervisor or department head.

DEFINITIONS

1. Workplace violence is any behavior that is violent, threatens violence, coerces, harasses or intimidates others, interferes with an individual’s legal rights of movement or expression, or disrupts the workplace, the work environment, or the City’s ability to provide services to the public. Examples of workplace violence include, but are not limited to:

a. Disruptive behavior intended to disturb, interfere with or prevent normal work activities (such as yelling, using profanity, verbally abusing others, or waiving arms and fists). b. Intentional physical contact for the purpose of causing harm (such as slapping, stabbing, punching, striking, shoving, or other physical attack). c. Menacing or threatening behavior (such as throwing objects, pounding on a desk or door, damaging property, stalking, or otherwise acting aggressively; or making oral or written statements specifically intended to frighten, coerce, or threaten), where a reasonable person would interpret such behavior as constituting evidence of intent to cause harm to individuals or property. d. Possessing firearms, imitation firearms, knives or other dangerous weapons, instruments, or materials. Except for the City’s law enforcement personnel, no employee shall have in their possession, outside of their personal vehicle, a firearm or other dangerous weapon, instrument or material that can be used to inflict bodily harm on an individual or damage to City property, excluding on- the-job tools. Legal weapons inside an employee’s vehicle may be disallowed if any violence possibility exists. REPORTING OF INCIDENTS

1. General Reporting Responsibilities

Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any City employee. Workplace violence should be promptly reported to the appropriate City official (see under RESPONSIBILITIES) using the attached Workplace Violence Incident Report Form, if possible. Additionally, employees are encouraged to report behavior that they reasonably believe poses a potential for workplace violence as defined above. It is important that all employees take this responsibility seriously to effectively maintain a safe working environment.

2. Imminent or Actual Violence

Any persons experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call the Sherrill Police Department using 911.

3. Acts of Violence Not Involving Weapons or Injuries to Persons

Any person who is the subject of a suspected violation of this policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should, within five days, report the incident to his/her immediate supervisor or department head, or in lieu thereof, to the either the City Manager, City Clerk or Police Chief.

4. Commission of a Crime

All individuals who believe a crime has been committed against them have the right, and are encouraged to, report the incident to the appropriate law enforcement agency.

5. False Reports

Employees who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to appropriate authorities.

6. Incident Reports

The Personnel Office and Office of the Police Chief will maintain an internal tracking system of all threats and incidents of violence. Reports will be reviewed annually by the employer.

RESPONSIBILITIES

1. City Manager or City Clerk

The City Manager shall be responsible for the implementation of this policy. The responsibility includes dissemination of this policy to all City employees, ensuring appropriate investigation and follow-up of all alleged incidents of workplace violence, ensuring that all department heads and supervisors are aware of their responsibilities under this policy through internal communications and training and maintaining Worksite Evaluations (Appendix A). Training will be provided to covered employees upon initial assignment and annually to include the following:

 The requirements of 12 NYCRR Part 800.6(h)(1) to include;  Making sure that the general public and employees know that WPV will not be tolerated;  The risk factors in the workplace that were identified in the risk evaluation and determination; Measurers that employees can take to protect themselves from the identified risks including specific procedures that the employer has implemented to protect employees such as incident alert and notification procedures, appropriate work practices, emergency procedures and use of security alarms and other devices; and  The location of the written workplace violence program (aka workplace violence policy & procedures) and how to obtain a copy 2. Supervisor/Department Head

Each department head or other person with supervisory responsibility (hereinafter “supervisor”) is responsible for the implementation of this policy. First line supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence, even if the situation has been addressed and resolved. The immediate supervisor (or department head) must report to either the City Manager, City Clerk , or Police Chief any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. All information shall be kept confidential, except as necessary during the investigation process and/or subsequent proceedings. Supervisors are required to contact the Sherrill Police Department, immediately in the event of imminent or actual violence involving weapons or potential physical injuries.

3. Employees

Employees must report workplace violence, as defined above, to their supervisor. Recurring or persistent workplace violence that an employee reasonably believes is not being addressed satisfactorily, or violence that is, or has been, engaged in by the employee’s immediate supervisor should be brought to the attention of either the City Manager orCity Clerk.

Employees who have obtained an Order of Protection are expected to notify their supervisors, City Manager, and the Police Chief of any order that list the City workplace as a protected area, for his/her safety and for the safety of fellow coworkers. Official proof of an order is to be provided to the City Manager and Police Chief within five days of issuance.

Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, City Manager and Police Chief. Confidentiality will be maintained to the extent possible.

4. Police Chief

The Police Chief, or his/her designee, is responsible for responding to, intervening in, and documenting all incidents of violence in the workplace. He/she will log all incidents of confirmed workplace violence and will take appropriate law enforcement action when warranted. If the incident has not already been reported, the Police Chief or his/her designee will notify the respective supervisor or department head and the City Manager of any incident with his/her employee.

When informed, the Police Chief or his/her designee will maintain a record of any Orders of Protection for employees. The Police Department will provide protection service, in accordance with the law, to employees within its geographical confines.

5. Personnel Office

The City Clerk is responsible for providing new employees with copies of relevant Workplace Violence documents and insuring that employees and staff receive appropriate training. The City Clerk will also be responsible for posting this policy throughout the City work sites, and on the City’s website as appropriate.

The City Clerk will assist the Police Department and supervisors in responding to workplace violence incidents, consistent with City policies, rules, procedures and applicable labor agreements; notifying the Police Chief of workplace violence incidents, and consulting with, as necessary, counseling services to secure professional intervention. CONFIDENTIALITY

The City shall maintain the confidentiality, within the limits of Law, of investigations of workplace violence to the extent possible. The City may act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and well being of City employees would be served by such action.

RETALIATION

Retaliation against anyone in good faith who has made a complaint of workplace violence who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.

GAMES OF CHANCE LICENSE

M. Holmes reported that he has received an application for a games of chance license for the American Legion Post 230 for 2013. Motion was made by J. Merrill and seconded by M. Hennessy to approve the application for license.

2013 CITY BUDGET PUBLIC HEARING

Mayor Vineall opened the public hearing at 7:15pm. There were two members of the public in attendance neither of whom spoke either for or against the proposed 2013 City Budget. Motion was made by J. Gilbert and seconded by P. Hubbard that that 2013 City Budget be adopted as presented and there is no tax increase for the seventh consecutive year.

Motion was made by J. Gilbert seconded by J. Merrill to adjourn.

Michael Holmes City Clerk